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VICTORIA – The latest changes to the Employment Standards Act further reduce unnecessary regulation and make employment standards more understandable and effective, Skills Development and Labour Minister Graham Bruce said today.
“In keeping with our New Era commitment, these changes reflect our ongoing effort to increase flexibility in employment standards,” Bruce said. “These changes ensure greater fairness and eliminate redundant red tape that can affect the ability of young people to find jobs.”
The changes introduced today implement new rules for employment of children under 15 and specifically prohibit employers from using earnings from one pay period to top up another pay period where the employee does not earn minimum wage. For example, if a commission salesperson does not have any earnings in a pay period, he or she is entitled to be paid at least minimum wage and the employer cannot use earnings from another pay period to make up the difference.
Bruce said government is maintaining legislation that protects children in the workplace but will not force young people who want to take a part-time job to go through a complicated process to get permission to work.
Under previous employment standards, any employer who wanted to hire someone under 15 had to apply to the employment standards branch for a permit. Changes to the act will mean written consent of a parent or guardian will be needed to employ a child aged 12 to 15. The director of employment standards will still have to grant permission to employ a child under 12.
“The way government handled permits in the past was a clear case of over-regulation,” Bruce said. “We had complex rules that didn’t do a lot to protect children’s interests. These changes recognize that parents have the most important role when it comes to deciding what is in a child’s best interests.”
Employers will be legally responsible for proving the child’s age and getting the required parental consent or permission before employment starts. Employers who violate these rules will face penalties of $500, $2,500 or $10,000.
Bruce also said his ministry is working with the film industry on a formal partnership to increase awareness and understanding of employment standards for children involved in film and television.
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